invitation for bid - home | hogbid€¦ · web viewthis should include all media tactics that...

UNIVERSITY OF ARKANSAS Request for Proposal SUBMIT BID TO: Purchasing Department BU: BKST R579378

321 Administration Building Buyer: KAREN WALLSFayetteville, AR 72701 Bid Opening Date: 12/2/15 Time: 2:30 P.M.(479) 575-2551 Bid Description: Sports Advertising Services

Term Contract

VENDORS WHO DO NOT WISH TO RESPOND TO A BID ARE NOT REQUIRED TO DO SO. HOWEVER, VENDORS NOT RESPONDING AND/OR SUBMITTING A “NO BID” RESPONSE TO THREE CONSECUTIVE BID

INVITATIONS FOR THE REQUESTED COMMODITY MAY BE REMOVED FROM THE UNIVERSITY’S BIDDERS LIST.

Please Print or TypeCompany Name: Phone:

Address:Fax:

City: EMail:State: Web Site:

Zip Code:

SIGNATURE REQUIRED FOR RESPONSE

THIS OFFICIAL BID SHEET MUST BE SIGNED AND RECEIVED IN A SEALED ENVELOPE WITH VENDOR NAME, BID NUMBER, AND BID OPENING DATE CLEARLY NOTED ON OUTSIDE OF ENVELOPE IN ORDER FOR BID TO BE ACCEPTED. BID WILL BE ACCEPTED EITHER SIGNED IN INK OR WITH ELECTRONIC OR FACSIMILE SIGNATURE.

BIDS MAY NOT BE FAXED DIRECTLY TO UNIVERSITY IN RESPONSE TO THIS REQUEST FOR PROPOSAL.

NOTE: The above listed date and time is the LATEST the bid will be accepted. ANY bids received after that time will NOT be considered.

NOTE: Pricing awarded on a resulting contract from this bid shall be available to all University of Arkansas departments. Terms stated in the bid response, including pricing and delivery, are available for use outside of the Northwest Arkansas region, but may result in higher shipping costs.

NOTE: All Arkansas state agencies and institutions of higher education may utilize or "Piggy Back"onto this contract if it is acceptable to the supplier and in the best interest of the institution and thetaxpayers of the state of Arkansas.

By signing below, bidder agrees to furnish the items and/or services listed herein at the prices and/or under the conditions indicated in the official Bid Document.

Name (Type or Print): ________________________________ Title: _______________________________

Signature: ________________________________ Date:_______________________________

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STANDARD TERMS AND CONDITIONS1. PREPARATION OF BIDS

1.1 Failure to examine any drawings, specifications, and instructions will be at bidder’s risk.

1.2 All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent, and must be initialed in ink by person signing bid.

1.3 Brand Name References: Unless specified “No Substitute” any catalog brand name or manufacturer’s reference used in the bid invitation is descriptive only, not restrictive, and used to indicate the type and quality desired. If bidding on other than referenced specifications, the bid must show the manufacturer, brand or trade name, and other descriptions, and should include the manufacturer’s illustrations and complete descriptions of the product offered. The University reserves the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the University may require the bidder to supply additional descriptive material, samples, or demonstrators. The bidder guarantees that the product offered will meet or exceed the referenced product and/or specifications identified in this bid invitation. If the bidder takes no exception to the specifications, bidder will be required to furnish the product exactly as specified in the invitation.

1.4 Samples: Samples or demonstrators, when requested, must be furnished free of expense to the University. Samples not destroyed during reasonable examination will become property of the University unless bidder states otherwise. All demonstrators will be returned after reasonable examination. Each sample should be marked with the bidder’s name and address, bid number and item number.

1.5 Time of Performance: The number of calendar days in which delivery will be made after receipt of order shall be stated in the bid.

2. SUBMISSION OF BIDS2.1 Bids, modifications or corrections thereof received after the closing time specified will not be considered.

3. ACCEPTANCE OF BIDS3.1 The University reserves the right to accept or reject all or any part of a bid or any and all bids, to waive any informality,

and to award the bid to best serve the interest of the University.

3.2 If a bidder fails to state the time within which a bid must be accepted, it is understood and agreed that the University shall have 60 days to accept.

4. ERROR IN BID4.1 In case of error in the extension of prices in the bid, the unit price will govern. No bid shall be altered or amended after

the specified time for opening bids.

5. AWARD5.1 Contracts and purchases will be made or entered into with the lowest responsible bidder meeting specifications or on

the basis for best value.

5.2 When more than one item is specified in the Invitation, the University reserves the right to determine the low bidder either on the basis of the individual items or on the basis of all items included in its Invitation for Bids, or as expressly stated in the Invitation for Bid.

5.3

5.4

A written purchase order or contract award mailed, or otherwise furnished, to the successful bidder within the time of acceptance specified in the Invitation for Bid results in a binding contract without further action by either party. The contract shall not be assignable by the vendor in whole or part without the written consent of the University.

Vendors awarded contracts for commodities and/or services are encouraged to participate in our University Shopping Mall. This online catalog database is operated by a third party provider and will allow all University departments to place orders to multiple vendors online. A monthly maintenance fee, to be negotiated between each vendor and the shopping mall data base provider, is required.

6. DELIVERY6.1 The Invitation for Bid will show the number of days to place a commodity in the University designated location under

normal conditions. If the bidder cannot meet the stated delivery, alternate delivery schedules may become a factor in award. The University has the right to extend delivery if reasons appear valid.

6.2 Delivery shall be made during University work hours only, 8:00 a.m. to 4:30 p.m.., unless prior approval for other shipment has been obtained.

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6.3 Packing memoranda shall be enclosed with each shipment.

7. ACCEPTANCE AND REJECTION7.1 Final inspection and acceptance or rejection may be made at delivery destination, but all materials and workmanship

shall be subject to inspection and test at all times and places, and when practicable. During manufacture, the right is reserved to reject articles which contain defective material and workmanship. Rejected material shall be removed by and at the expense of the contractor promptly after notification of rejection. Final inspection and acceptance or rejection of the materials or supplies shall be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the University thereof for such materials or supplies as are not in accordance with the specification. In the event necessity requires the use of materials or supplies not conforming to the specification, payment may be made with a proper reduction in price.

8. TAXES AND TRADE DISCOUNTS8.1 Do not include state or local sales taxes in bid price.

8.2 Trade discounts should be deducted from the unit price and net price should be shown in the bid.

9. DEFAULT9.1 Back orders, default in promised delivery, or failure to meet specifications authorize the University to cancel this

contract to the defaulting contractor. The contractor must give written notice to the University of the reason and the expected delivery date.

9.2 Consistent failure to meet delivery without a valid reason may cause removal from the bidders list or suspension of eligibility for award.

10.

WAIVER

10.1 The University reserves the right to waive any General Condition, Special Condition, or minor specification deviation when considered to be in the best interest of the University, so long as such waiver is not given so as to deliberately favor any single vendor and would have the same effect on all vendors.

11.

CANCELLATION

11.1 Any contract or item award may be canceled for cause by either party by giving 30 days written notice of intent to cancel. Cause for the University to cancel shall include, but is not limited to, cost exceeding current market prices for comparable purchases; request for increase in prices during the period of the contract; or failure to perform to contract conditions. The contractor will be required to honor all purchase orders that were prepared and dated prior to the date of expiration or cancellation if received by the contractor within period of 30 days following the date of expiration or cancellation. Cancellation by the University does not relieve the Contractor of any liability arising out of a default or nonperformance. If a contract is canceled due to a request for increase in prices or failure to perform, that vendor shall be removed from the Qualified Bidders List for a period of 24 months. Cause for the vendor to cancel shall include, but is not limited to the item(s) being discontinued and unavailable from the manufacturer.

12.

ADDENDA

12.1 Addenda modifying plans and/or specifications may be issued if time permits. No addendum will be issued within a period of three(3) working days prior to the time and date set for the bid opening. Should it become necessary to issue an addendum within the three-day period prior to the bid opening, the bid date will be reset giving bidders ample time to answer the addendum.

12.2 Only written addenda is part of the bid packet and should be considered.

13.

ALTERNATE BIDS

13.1 Unless specifically requested alternate bids will not be considered. An alternate is considered to be a bid that does not comply with the minimum provisions of the specifications.

14.

BID OPENINGS

14.1 Bid opening will be conducted open to the public. However, they will serve only to open, read and tabulate the bid price on each bid. No discussion will be entered into with any vendor as to the quality or provisions of the specifications and no award will be made either stated or implied at the bid opening.

15.

DEBRIS REMOVAL

15.1 All debris must be removed from the University after installation of said equipment.

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ALL BIDS SUBMITTED SHALL BE IN COMPLIANCE WITH THE GENERAL CONDITIONS SET FORTH HEREIN. THE BID PROCEDURES FOLLOWED BY THIS OFFICE WILL BE IN ACCORDANCE WITH THESE CONDITIONS. THEREFORE, ALL VENDORS ARE URGED TO READ AND UNDERSTAND THESE CONDITIONS PRIOR TO SUBMITTING A BID.

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UNIVERSITY OF ARKANSAS Request for Proposal SUBMIT BID TO: Purchasing Department BU: BKST R579378

321 Administration Building Buyer: KAREN WALLSFayetteville, AR 72701 Bid Opening Date: 12/2/15 Time: 2:30 P.M.(479) 575-2551 Bid Description: Sports Advertising Services

Term Contract

Please send one (1) signed original, and three (3) signed copies (including 1 copy on CD and/or USB Flash Drive) of your response to this bid. The extra copies are needed for bid evaluation purposes. In addition, please provide an electronic redacted copy of the complete bid response. The redacted copy should reflect the same pagination as the original, show the empty space from which information was redacted, and should be submitted on a CD or flash drive, preferably in a PDF format. Except for the redacted information, the redacted copy must be identical to the original hard copy. The respondent is responsible for ensuring the redacted copy on CD/flash drive is protected against restoration of redacted data.

Please do not send bid responses to different bids in the same envelopes.

Bid the following according to minimum specifications or functional equivalent:Item

Description Qty Unit Price Total Price

REQUEST FOR PROPOSAL SPORTS ADVERTSING SERVICES TERM CONTRACT AS PER ATTACHED:

1. Package 1 (Refer to Page 19 of 24) 1 ea $_______ $________



Respondents must address each of the requirements of this bid request which is in the format of a Request for Proposal. Vendor’s required responses should contain sufficient information and detail for the University to further evaluate the merit of the vendor’s response. Failure to respond in this format may result in bid disqualification. IMPORTANT: If questions are submitted to the University to clarify bid specifications or the scope of the bid, an individual response will be sent to the submitting party only. All question and answer documents will be immediately posted to the University Hogbid website, information and a link is listed here: http://hogbid.uark.edu/index.php for interested firms, companies, individuals to review. It is the responsibility of all parties to review the University official bid website, Hogbid, to be informed of all important information specific to the solicitation.

General Campus Background for University of ArkansasFounded in 1871 as a land-grant institution, the University of Arkansas, Fayetteville Arkansas, is the flagship campus of the University of Arkansas System. Our students represent all 50 states and more than 120 countries. The UofA has 10 colleges and schools offering more than 210 academic programs. As of Fall 2015, student enrollment totaled approximately 26,734. The faculty count totaled 1,384 and the staff count totaled 3,169. The UofA is the state’s foremost partner and resource for education and economic development. Its public service activities reach every county in

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http://hogbid.uark.edu/index.php

Arkansas, throughout the nation, and around the world. The Carnegie Foundation classifies the UofA as having "the highest possible level of research," placing us among the top 2 percent of colleges and universities nationwide.

Proprietary InformationProprietary information submitted in response to this bid will be processed in accordance with applicable State of Arkansas procurement procedures. Documents pertaining to the bid become the property of the State and shall be open to public inspection subsequent to bid opening. Any proprietary information must be identified and sealed separately within proposal [include with Original and any required Copies].

Note of caution: Do not attempt to mark the entire proposal as "proprietary". Do not submit letterhead or similarly customized paper within the proposal to reference the page(s) as "Confidential" unless the information is sealed separately and identified as proprietary. Acceptable proprietary items may include references, resumes, and financials or system/software/hardware manuals. Cost cannot be considered as proprietary.

Ethical StandardsIt shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a state contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing business.

Arkansas Technology Access ClauseWhen procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds. The Vendor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that system meets the statutory requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.

Accordingly, the vendor expressly represents and warrants to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) or similar documentation to demonstrate compliance with 36 C.F.R. § 1194.21, as it existed on January 1, 2013 (software applications and operating systems) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (web-based intranet and internet information and applications) that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

- Providing, to the extent required by Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means;

- Presenting information, including prompts used for interactive communications, in formats intended for non-visual use;

- After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired;

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- Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means;

- Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact;

- Integrating into networks used to share communications among employees, program participants, and the public; and

- Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

If the information technology product or system being offered by the Vendor does not completely meet these standards, the Vendor must provide an explanation within the Voluntary Product Accessibility Template (VPAT) detailing the deviation from these standards.

State agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. Agencies must evaluate products to determine which product best meets the standards. If an agency purchases a product that does not best meet the standards, the agency must provide written documentation supporting the selection of a different product. For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C. § 12111(9), as it existed on January 1, 2013. If the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.

All State of Arkansas electronic and information technology purchases must be accessible as specified by standards listed in Arkansas Act 308. A copy of the act is available here: ftp://www.arkleg.state.ar.us/acts/2013/Public/ACT308.pdf .

A blank copy of the Voluntary Product Accessibility Template (VPAT) form is available here: http://www.itic.org/public-policy/accessibility

Note: All vendors should complete the VPAT form as it relates to the scope of the item(s) or commodity requested in the bid solicitation. Our expectation is that the vendor will assign technical personnel who understand accessibility to the task. If a component of a VPAT does not apply, it is up to the vendor to make that notation and explain why in the “Comments” column. The notation can be as simple as “Not a telecommunications or technology product.”

Please note here if a Voluntary Product Accessibility Template (VPAT) form IS or IS NOT INCLUDED with this bid response. ____________________________________________.

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https://urldefense.proofpoint.com/v1/url?u=http://www.itic.org/public-policy/accessibility&k=t8cWouLHMWKnKZhAFQUeVA%3D%3D%0A&r=UogQtIQKzd8ax2BT422BPA%3D%3D%0A&m=MUN%2Bu3E%2BbSMrfjofNz2AmdVOy8ALhJFxVwMz14gOSqE%3D%0A&s=6a8684f6a1a211cbbca779405c816ab66bd1bb2c88d79b2b95e38cbc29353563

ftp://www.arkleg.state.ar.us/acts/2013/Public/ACT308.pdf

Failure to include the Voluntary Product Accessibility Template (VPAT) form (if needed) could result in bid disqualification.

University of Arkansas Logo / Trademark LicensingMerchandise that carries a University logo or trademark must be purchased from vendors that are licensed through the Collegiate Licensing Corporation. Therefore, bidders are required to be currently licensed to carry the University of Arkansas logo in order to be eligible to submit bids for those requests that involve the University of Arkansas logo or trademark. Only those offers submitted by currently licensed bidders will be considered for award.

Non-Discrimination and Affirmative ActionVendor agrees to adhere to any and all applicable Federal and State laws, including laws pertaining to non-discrimination and affirmative action.

a. Consistent with Ark. Code Ann. § 25-17-101, the vendor agrees as follows: (a) the vendor will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap or national origin; (b) in all solicitations or advertisements for employees, the vendor will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, handicap or national origin; (c) failure of the vendor to comply with the statute, the rules and regulations promulgated thereunder and this non- discrimination clause shall be deemed a breach of contract and this contract may be canceled, terminated or suspended in whole or in part; (d) the vendor will include the provisions of items (a) through (c) in every subcontract so that such provisions will be binding upon such subcontractor or vendor.b. The parties hereby incorporate by reference the Equal Employment Opportunity Clause required under 41 C.F.R. § 60-1.4, 41 C.F.R. § 60-300.5(a), and 41 C.F.R. § 60-741.5(a), if applicable.

This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.

This contractor and subcontractor certify that they do not maintain segregated facilities or permit their employees to perform services at locations where segregated facilities are maintained, as required by 41 CFR 60-1.8.

Dun and Bradstreet DUNS NumberWe highly encourage all University of Arkansas contract vendors to use a Dun and Bradstreet number (DUNS Number). The D & B DUNS Number is a unique nine digit identification sequence, which provides unique identifiers of single business entities, while linking corporate family structures together. If your business has not registered, you may do so at: http://www.dnb.com/

If available, please provide your Dun and Bradstreet DUNS Number below:

_______________________________________

Additional Redacted Copy REQUIRED of 26

http://www.dnb.com/

Proprietary information submitted in response to this RFP will be processed in accordance with applicable State of Arkansas procurement law. Documents pertaining to the RFP become the property of the University of Arkansas and shall be open to public inspection when the bid solicitation has been awarded and a final contract agreement is complete.

It is the responsibility of the respondent to identify all proprietary information included in their bid proposal response. The respondent shall submit one complete electronic copy of the proposal from which any proprietary information has been removed, i.e., a redacted copy (marked “REDACTED COPY”). The redacted copy should reflect the same pagination as the original, show the empty space from which information was redacted, and should be submitted on a CD or flash drive, preferably in a PDF format. Except for the redacted information, the redacted copy must be identical to the original hard copy submitted for the bid response to be considered. The respondent is responsible for ensuring the redacted copy on CD/flash drive is protected against restoration of redacted data. The redacted copy may be open to public inspection under the Freedom of Information Act (FOIA) without further notice to the respondent once a contract is final. If the required redacted copy is not received for the bid solicitation the entire proposal will be deemed “non-responsive” and will not be considered. If during a subsequent review process the University determines that specific information redacted by the respondent is subject to disclosure under FOIA, the respondent will be contacted prior to release of the information.

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Request for Proposal Bid No R579378

Sports Advertising Services Term Contract University of Arkansas-Fayetteville Bid opening date: December 2, 2015 2:30 P.M CST.

SECTION 1 – INTRODUCTION

1.1 SCOPEThe Request for Proposal (RFP) is issued by the Board of Trustees of the University of Arkansas acting for and on behalf of the University of Arkansas, Fayetteville – Bookstore. The intent of this RFP is to procure a term contract for Sports Advertising Services. The contents of this RFP will be incorporated into the final contact documents, which will include a Professional/Consulting Services Contract.

1.2 TERMThe term (“Term”) of this contract will be established for a period of one (1) year beginning from the date of award with the option to renew annually for a maximum of six (6) additional renewal periods. The University of Arkansas may terminate this Agreement without cause, at any time during the Term (including any renewal periods), by giving the other party thirty (30) days advance written notice of termination. Additionally, in the event of non-appropriation of funds necessary to fulfill the terms and conditions of this Agreement during any biennium period of the Term (including any renewal periods), the parties agree that this Agreement shall automatically terminate without notice.

Default by Vendor - If the Vendor fails to meet the requirements once the contract is signed, defaults in anyway or if the Media Relations Office identifies a problem or issue and the Vendor fails to make the appropriate adjustment, the University of Arkansas Bookstore Department may cancel the agreement without notice.

Price Escalation - Vendor’s proposed prices are locked in for the initial agreement. Any increase or additional expenses must be requested in writing and must receive prior approval.

1.3 PRICING OPTIONS

Vendor is requested to bid the work with three package options: Please bid the job with the work described in the following pages. Page 19 and 20.

1.4 STATEMENT OF WORK

A. Requirements to bid on this position (Please provide): Provide a brief description of your sports advertising experience. Three samples of potential sports advertising packages, must be submitted with bid or a link to

an on-line media package A list of references with phone numbers must be provided on Page 18 Each bidder will submit only one proposal.

B. Vendor Responsibilities

Please respond to each of the following:1. Vendor will assume all travel costs associated with advertising activity on behalf of the

University of Arkansas Bookstore Razorback Shops.

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2. Vendor must notify the University of Arkansas Bookstore marketing team a minimum of one (1) week prior to their promotional start period to ensure they are aware their promotions are about to run.

3. Vendor must notify the University of Arkansas Bookstore marketing team of any feedback regarding advertising done on their behalf from fans, customers, etc.

4. When additional advertising package options and promotions become available, vendor must give the University of Arkansas Bookstore first right of refusal with a one (1) week period notice to make a decision.

5. The University of Arkansas Bookstore Razorback Shop reserves the right to amend or cancel pre-arranged dates and times without cost prior to the arranged time.

6. Vendor questions regarding all RFP matters should be addressed via email to Karen A. Walls, CPPB in the Procurement division of the Office of Business Affairs - [email protected] on all items pertaining to this bid.

7. At all times and in the best interest of the University, the Vendor, his or her assistants agrees to conduct himself or herself in a professional manner, act appropriately and not engage in any offensive conduct this is covered under section 2.6. In the event that the Vendor or his or her assistants fails to act in accordance with this provision at any time, the University shall have the right, in its sole discretion, to terminate this agreement immediately and without liability or prior notice to Vendor this is covered under section 2.2. Vendor has access to “inside information” about the University of Arkansas Bookstore Razorback Shops. Vendor required to comply with the University of Arkansas existing staff policies regarding confidential and proprietary information, social media policies and UA board of trustees policies regarding contract and other confidential matters this is covered under section 2.5 and selected vendor will be notified about confidentiality laws during the award phase.

C. Requested ServicesBidders must use the bid price sheet provided in this RFP to submit detailed pricing and overall cost for each item/event listed below.

SECTION 2 - BID TERMS AND CONDITIONS / BIDDER REQUIREMENTS

2.1 GENERALThese General Terms and Conditions shall be made a part of and govern any Contract(s)/Purchase Order(s) resulting from this Request for Proposal (RFP). Each proposal should be prepared simply and economically, providing a straightforward and concise description of respondent’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the offer requirements.

2.2 ACCEPTANCE/REJECTION OF BIDSThe University reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous and to award the agreement to the most responsive vendor(s). Additionally, all respondents are hereby notified that the University shall consider all factors it believes to be relevant in the selection of the most responsive offer(s) including, but not limited to, the ability to perform the agreement in a professional manner.

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2.3 OUTLINE OF RESPONSERespondents must respond to each numbered paragraph of the RFP. This RFP document will be provided to each vendor as a Microsoft Word document; the respondent must respond to this RFP by inserting responses into the appropriate places within this document and including the modified document as part of the total bid response. In the event that a detailed response is not necessary, the respondent shall state ACKNOWLEDGED as the response to indicate that the respondent acknowledges and fully complies with the specification. If a description is requested in the paragraph, please do not use the ACKNOWLEDGED response. Respondents must address each of the requirements of this request. Vendor’s required responses should contain sufficient information and detail for the University to further evaluate the merit of the vendor’s response. Failure to respond in this format may result in bid disqualification.

2.4 ISSUING AGENCYThis Request for Proposal (RFP) is issued by the Office of Business Affairs, University of Arkansas, Fayetteville, on behalf of the University of Arkansas Bookstore's Razorback Shops. The University Purchasing Official is the sole point of contact for the University of Arkansas, Fayetteville. Vendor questions regarding all RFP matters should be addressed via email to Karen A. Walls in the Procurement division of the Office of Business Affairs, [email protected].

2.5 PROPRIETARY INFORMATIONProprietary information submitted in response to this bid will be processed in accordance with applicable University of Arkansas procurement procedures. All material submitted in response to this bid becomes the public property of the State of Arkansas and will be a matter of public record and open to public inspection subsequent to bid opening as defined by the Arkansas Freedom of Information Act. The Respondent is hereby cautioned that any part of its bid that is considered confidential, proprietary, or trade secret, must be labeled as such and submitted in a separate envelope along with the bid, and can only be protected to the extent permitted by Arkansas law.

2.6 RESERVATIONThis RFP does not commit the University to award a contract, to pay costs incurred in the preparation of a bid in response to this request, or to procure or contract for services or supplies. The University reserves the right to accept or reject (in its entirety), any bid received as a result of the RFP, if it is in the best interest of the University to do so.

2.7 CONTRACT INFORMATIONVendors should note the following regarding the State’s contracting authority, and amend any documents accordingly. Failure to conform to these standards may result in rejection of the bid.A. The State of Arkansas may not contract with another party:

1. To pay any penalties or charges for late payment or any penalties or charges which in fact are penalties for any reason.

2. To indemnify and defend that party for any liability and damages. However, the University of Arkansas may agree to hold the other party harmless from any loss or claim resulting directly from and attributable to the University’s use or possession of equipment or software and reimburse that party for the loss caused solely by the University’s use or possession (this is the only form of indemnification to which the University of Arkansas can agree).

3. Upon default, to pay all sums that become due under a contract.4. To pay damages, legal expenses, or other costs and expenses of any party.5. To agree to any provision of a contract which violates the laws and constitution of the State of

Arkansas.

B. A party wishing to contract with the University should:

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mailto:[email protected]

1. Remove any language from its contract which grants to it any remedies other than: The right to possession. The right to accrued payment.

2. Include in its contract that the laws of the State of Arkansas govern the contract.3. Acknowledge in its contract that contracts become effective when awarded by the University.

2.8 DEFINITION OF TERMSThe University of Arkansas Procurement Department has made every effort to use industry-accepted terminology in this RFP. The words “bidder”, “vendor”, “supplier”, “seller”, “respondent”, “firm”, “agency” and “contractor” are used synonymously in this document. The competitive procurement process being utilized in this transaction is “Request for Proposal” (RFP).

2.9 CONDITIONS OF CONTRACTThe successful contractor shall at all times observe and comply with federal and state laws, local laws, ordinances, orders, and regulations existing at the time of, or enacted subsequent to, the execution of the contract which in any manner may affect the completion of the work. The successful contractor shall indemnify and hold harmless the agency and all its officers, representatives, agents, and employees against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or degree by an employee, a representative, or subcontractor of the successful contractor.

2.10 SAMPLE CONTRACTSAll bidders are requested to supply a sample of their standard terms and conditions with their proposal. If any portion of a bidder’s contract terms and conditions are in conflict with the laws of the State of Arkansas, those Arkansas laws shall govern. Any terms and conditions submitted by the bidder must reflect all conditions of the RFP and bidder’s response.

2.11 Formation of the Agreement/Contract

At its option, the University may take either one of the following actions in order to create the agreement between the University and the selected Contractor:

A. Accept a proposal as written by issuing a written notice to the selected Contractor, which refers to the Request For Proposal and accept the proposal submitted in response to it.

B. The contents of this RFP will be incorporated into the final contract documents, which will include a Professional/Consultant Services Contract.

Because the University may use alternative (A) above, each Bidder should include in its proposal all requirements, terms or conditions it may have, and should not assume that an opportunity will exist to add such matters after the proposal is submitted.

The contents of this RFP will be incorporated into the final contract documents, which will include a Standard University agreement.

2.11 AWARD RESPONSIBILITYThe Procurement Official of the University of Arkansas will be responsible for the award and administration of any resulting contract(s).

2.12 PUBLICITY of 26

News release(s) by a bidder pertaining to this RFP or any portion of the project shall not be made without the prior written approval of the University of Arkansas. Failure to comply with this requirement is deemed to be a valid reason for disqualification of the proposal. The University of Arkansas, Fayetteville will not initiate any publicity relating to this procurement action before the contract award is completed.

2.13 AGREEMENT AUTHORITYContractor shall perform all services as an independent contractor and shall discharge all of its liabilities as such. No acts performed or representations made, whether written or oral, by the contractor with respect to third parties shall be binding to the University.

2.14 SEVERABILITYIf one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

2.15 NON-WAIVER OF DEFAULTSAny failure of the University at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of the University at any time to avail itself of same.

2.16 GOVERNING LAWThe parties agree that this contract, including all amendments thereto, shall be construed and enforced in accordance with the laws of the State of Arkansas, without regard to choice of law principles. Consistent with the foregoing, this contract shall be subject to the Uniform Commercial Code as enacted in Arkansas.

2.17 SURVIVALThe terms, conditions, representations, and warranties contained in the agreement shall survive the termination of this contract.

2.18 QUALITY ASSURANCE:

2.18.1 Inclusions: Bid prices must include all charges relevant to services as requested.

2.18.2 Job Conditions: The successful bidder will provide liability coverage, permits and license as described herein and required for its performance under this agreement.

2.18.3 Contract Authority: The successful bidder shall not assign, transfer or subcontract any portion of the contract without the express written consent of the University Procurement Office. Contractor shall perform all services as an independent contractor and shall discharge all of its liabilities as such. No acts performed or representations made, whether written or oral, by the contractor with respect to third parties shall be binding to the University.

2.18.4 Delivery: The successful bidder shall make the best attempt to guarantee services begin within 30 days of the contract being approved.

2.19 PRICE ESCALATIONQuoted prices must remain firm for the initial period of the contract. At the time of contract renewal, the contractor may request a price adjustment provided the contractor submits proof of an increase in cost prior to the contract renewal. Acceptable proof includes, but is not limited to, dated price lists or invoices from both before and after the increase, and letters from the manufacturer confirming the cost increase. Only the increased percentage, up to a maximum of five (5) percent will be allowed and will become effective after approval by the Business Office. In the event of a general price schedule decrease, the University will be given full price

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reduction at the time of the contract renewal. Requests for price adjustments shall be submitted to the University of Arkansas, Business Office, 321Administration Building, Fayetteville, AR 72701.

2.20 DISPUTESThe vendor and the University agree that they will attempt to resolve any disputes in good faith. Subject to the provisions on sovereign immunity herein, the vendor and the University agree that the State of Arkansas shall be the sole and exclusive venue for any litigation or proceeding that may arise out of or in connection with this contract. The vendor acknowledges, understands and agrees that any actions for damages against the University may only be initiated and pursued in the Arkansas Claims Commission. Under no circumstances does the University agree to binding arbitration of any disputes or to the payment of attorney fees, court costs or litigation expenses.

2.21 INDEMNIFICATIONVendor agrees to indemnify and hold harmless the University and its officers and employees from any claim, damage, liability, injury, expense, or loss, including defense cost and attorney’s fees arising out of contractor’s performance under this Agreement or as a consequence of the existence of this agreement.

2.22 PERMITS AND LICENSESContractor shall, at their sole expense, procure and keep in effect all necessary permits and licenses required for its performance under this agreement, and shall post or display in a prominent place such permits and/or notices as are required by law.

2.23 MINIMUM SCOPE OF INSURANCE The vendor shall maintain liability insurance and shall file certificates of insurance with the owner prior to commencement of work. Insurance policies shall be written by a company or companies authorized to do business in the State of Arkansas. The limits of liability of such insurance shall be written for not less than the following limits:Commercial General Liability - $1,000,000 in liability coverage.

NOTE: Failure to file certificates or acceptance by the University of certificates of insurance which do not indicate the specified coverage shall in no way relieve the Contractor of his responsibility for maintaining adequate insurance. Proof of Insurance must be included in bid response. The successful bidder MUST have secured the $1,000,000 liability insurance at the time of the bid due date.

2.24 VERIFICATION OF COVERAGEVendor shall furnish University with a certificate(s) of insurance effecting coverage required herein. Failure to file certificates or acceptance by the University of certificates which do not indicate the specific required coverages shall in no way relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with the obligations of Contractor concerning indemnification.

2.25 CANCELLATION TERMS(a) The agreement may be terminated, without penalty, by the University without cause by giving

thirty (30) days written notice of such termination to the seller.(b) Upon award, the agreement is subject to cancellation, without penalty, either in whole or in part, if

funds are not appropriated(c) In no event shall such termination by the University as provided for under this Section give rise to

any liability on the part of the University including, but not limited to, claims of Bidder for compensation for anticipated profits, unabsorbed overhead, or on borrowing. The University’s sole obligation hereunder is to pay Bidder for products and/or services ordered and received prior to the date of termination.

2.26 TIME IS OF THE ESSENCE of 26

Vendor and University agree that time is of the essence in all respects concerning this contract and performance hereunder.

2.27 DURATION OF BIDSAll bid proposals must be valid for a minimum of six (6) months after the bid opening date. Both parties may extend this time period upon written agreement.

2.28 AMENDMENTSIn the event it becomes necessary to revise any part of this RFP, any updates and addenda to this RFP will be available on the HogBid web site: http://hogbid.uark.edu/index.php Respondents shall not rely on any other interpretations, changes, or corrections. It is the Respondent's responsibility to thoroughly examine and read the entire RFP document and any addenda to this RFP. Failure of Respondents to fully acquaint themselves with existing conditions will not be a basis for requesting extra compensation after the award of a Contract.

2.29 BID DELIVERY SUBMITTALS CHECKLIST

This checklist is meant to help the vendor prepare a proposal. All the items on this list are mentioned elsewhere in this RFP. This is a list of only the major submittals. This list is not exclusive, nor does relieve the vendor from providing other materials as requested throughout the rest of this RFP. Vendors should ensure that the information in the checklist below is included with the bid response. Failure to include the information listed below may result in disqualification. The University reserves the right to request any additional information needed during the evaluation period.

........The Terms and Conditions page MUST be signed to be a legal bid!

........One (1) SIGNED original of the proposal

........Three (3) copies of the SIGNED original

........Response to all sections

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http://hogbid.uark.edu/index.php

Performance Standards for Ongoing Services - TemplateService Criteria Acceptable

Performance Damages for Insufficient Performance

Vendor Notification Of Promotional Schedule and Feedback to University of Arkansas - Refer to Page 9 of 22.

Refer to 1.4 Statement of Work - B. Vendor Responsibilities Item 2. and 3. Page 9 of 22.

Termination of Contract: 3.04 Contract Termination and Assignment Clause Page 15 of RFP will apply for insufficient performance of services or failure to maintain required permits and licenses by vendor at the sole discretion of the University of Arkansas – Fayetteville.

Vendor conduct is professional at al times. Refer to Page 9 of 22.

Refer to 1.4 Statement of Work - B. Vendor Responsibilities Item 7. Page 9 of 22.


Right of First Refusal - Page 9 of 22.



Right to Amend or Cancel Without Cost to the U of A.



SECTION 3 – EVALUATION AND SELECTION PROCESS

3.1 PROTOCOLThe University will utilize a team approach for the evaluation of this RFP. The evaluation will include the overall response to the RFP. The University may require an oral presentation before the award is made. The University reserves the right to use this presentation as an additional factor in award. The University must be confident that the Respondent will perform and meet the needs of the University. The University reserves the right to reject any and all proposals, wholly or in part, and to make awards, which, in the opinion of the University is in its best interest. The University will evaluate and make the award on the proposal that is determined to be the best value to the University based on the criteria listed below, but do not herein limit the methods or factors to be used to those listed.

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To be considered responsive, all proposals must be complete and convey all of the information requested. If the proposal fails to conform to the essential requirements of the RFP, the University alone will determine whether the variances are significant enough to reject the proposal.

3.2 EVALUATION CRITERIA & WEIGHTS Submission of a proposal implies the vendor’s acceptance of the evaluation technique and the vendor’s recognition that subjective judgments must be made by the UAF Evaluation Team during the assignment of rating points. Each bid will receive a complete evaluation and will be assigned a score of up to 100 points possible based on the items listed below.

A. Costs – Fifty (50) points - maxAgency having best value pricing shall receive fifty (50) points. Remaining bids shall receive points in accordance with the following formula:

(a/b) x c = da = lowest cost bid in dollars b = second (third, fourth, etc.) lowest cost bid c = maximum points for Cost category (50)d = score allocated to bid

B. Vendor History – Thirty (30) Points MaxAgency with the highest rating shall receive thirty (30) points. Points shall be assigned based on factors within this category, to include but are not limited to:

Agency Overview Relevant Experience Availability and experience of agency personnel

C. Quality of Samples Provided – Ten (10) points max.Agency with the highest rating shall receive ten (10) points. Points shall be assigned based on factors within this category, to include but are not limited to:

Quality of Samples as requested in this RFP

D. References – Ten (10) points max. Agency with the highest rating shall receive ten (10) points. Points shall be assigned based on factors within this category, to include but are not limited to:

Quality of References

Total Maximum Points – 100 points max

SECTION 4 – COMPANY PROFILE

4.1 VENDOR HISTORYPlease provide the following information regarding vendor history:1. A brief summary of the history and experience of the firm, in relation to projects of similar size and scope.2. The names of the key personnel who will participate in this project and a brief summary of these

individuals’ pertinent experiences.

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4.2 REFERENCES

Bidders shall submit at least three (3) recent customer references for which similar services have been provided, including company name, address, phone number, contact person, contact phone number, and contact email address. We recommend that you provide references that are institutions of higher education.

1. Company Name ________________________________________________Address ______________________________________________________Company Phone Number _________________________________________Contact Person _________________________________________________Contact Phone Number __________________________________________Contact Email __________________________________________________

2. Company Name _______________________________________________Address ______________________________________________________Company Phone Number ________________________________________Contact Person ________________________________________________Contact Phone Number __________________________________________Contact Email _________________________________________________

3. Company Name _______________________________________________Address ______________________________________________________Company Phone Number ________________________________________Contact Person ________________________________________________Contact Phone Number __________________________________________Contact Email _________________________________________________

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BID PRICE SHEET

Bidders must use this bid price sheet to submit detailed pricing and overall cost for each item/event listed below. Additional photos and shoots may be requested and such additions should be factored into the bid by the Vendor.

PRICING: Please bid the job with the work described in the following section:

Razorback Shop Sports Advertising:

1. Year long advertising proposal with monthly support outlined, please develop three package options:

a) Package OneMinimum: please outline your minimum recommendation for monthly sports advertising that will encompass all Razorback Shop locations (Arkansas Student Union, Garland Center, NWA Mall, Prom Mall, & uofastore.com). This should include all media tactics that will be employed, including, but not limited to, radio spots, physical publications, public appearances, radio remotes, and social media. Please provide a list of all radio stations, publications, and locations of public appearances/radio remotes if applicable. If social media is included, please provide social media handles and the amount of followers/average number of daily posts that would be employed on behalf of this package option.

PACKAGE TOTAL 1: $________

b) Package Two Mid: please outline your mid level recommendation for monthly sports advertising that will encompass all Razorback Shop locations (Arkansas Student Union, Garland Center, NWA Mall, Prom Mall, & uofastore.com). This should include all media tactics that will be employed, including, but not limited to, radio spots, physical publications, public appearances, radio remotes, and social media. Please provide a list of all radio stations, publications, and locations of public appearances/radio remotes if applicable. If social media is included, please provide social media handles and the amount of followers/average number of daily posts that would be employed on behalf of this package option.


c) Package Three Maximum: please outline your maximum recommendation for monthly sports advertising that will encompass all Razorback Shop locations (Arkansas Student Union, Garland Center, NWA Mall, Prom Mall, & uofastore.com). This should include all media tactics that will be employed, including, but not limited to, radio spots, physical publications, public appearances, radio remotes, and social media. Please provide a list of all radio stations, publications, and locations of public appearances/radio remotes if applicable. If social media is included, please provide social media handles and the amount of followers/average number of daily posts that would be employed on behalf of this package option.


NOTE: Bid will be awarded on a per item basis. Only one package will be awarded, of 26

Whichever is in the best interest of the University of Arkansas.

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Equal Opportunity Policy Disclaimer

ATTENTION BIDDERS

Act 2157 of 2005 of the Arkansas Regular Legislative Session requires that any business or person bidding, who is responding to a formal bid request, Request for Proposal or Qualification, or negotiating a contract with the state for professional or consultant services, submit their most current equal opportunity policy (EO Policy). Although bidders are encouraged to have a viable equal opportunity policy, a written response stating the bidder does not have such an EO Policy will be considered that bidder’s response and will be acceptable in complying with the requirement of Act 2157. Submitting the EO Policy is a one-time requirement. The University of Arkansas, Fayetteville Procurement Department, will maintain a database of policies or written responses received from all bidders. Note: This is a mandatory requirement when submitting an offer as described above. Please complete and return this form with your bid response.

Should you have any questions regarding this requirement, please contact this office by calling (479) 575-2551. Sincerely,

Linda K. Fast Linda K. Fast, APO, CPPO, CPPBManager of Procurement ServicesUniversity of ArkansasFayetteville, AR To be completed by business or person submitting response: (check appropriate box) ____ EO Policy Attached ____ EO Policy previously submitted to UA Purchasing Department ____ EO Policy is not available from business or person Company Name Or Individual: __________________________________________________________ Title: _____________________________________Date: ______________________ Signature: ____________________________________________________________

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UNIVERSITY OF ARKANSASPROCUREMENT DEPARTMENT

1125 W. Maple ADMIN 321Fayetteville, AR 72701

Tel: 479-575-2551Fax: 479-575-4158

Act 157 of 2007 of the Arkansas Regular Legislative Session requires that any contractor, business or individual, having a public contract with a state agency for professional services, technical and general services, or any category of construction, in which the total dollar value of the contract is $25,000 or greater must certify, prior to the award of the contract, that they do not employ or contract with any illegal immigrants.

For purposes of this requirement, “Illegal immigrants” means any person not a citizen of the United States who has:

(A) Entered the United States in violation of the Federal Immigration and Naturalization Act or regulations issued the act;

(B) Legally entered but without the right to be employed in the United States; or (C) Legally entered subject to a time limit but has remained illegally after expiration of the time limit.

This is a mandatory requirement. Failure to certify will result in our inability to issue a Purchase Order or Contract to you or your company.

Bidders shall certify online at http://www.arkansas.gov/dfa/procurement/pro_immigrant.htmlClick on: “Procurement” on left-side information barClick on: Illegal Immigrant ReportingClick on: “Vendor” Illegal Immigrant Contracting Disclosure Reporting ScreenClick on: “Vendor Submit Disclosure Form” to complete all fields required for the certification – then indicate below and sign this form to submit with your bid. ***NOTE*** Bid Number field is applicable if known.REQUIRED: Print Screenshot and include with your proposal and/or contract.

If you have any questions, please call the UA Procurement Department at 479-575-2551.

Thank you.

Linda K. FastLinda K. Fast, APO, CPPO, CPPBManager of Procurement ServicesUniversity of Arkansas

********************************************************************************************** TO BE COMPLETED BY BUSINESS OR PERSON SUBMITTING BID RESPONSE OR CONTRACT:

Please check the appropriate statement below:

_______ We certified that we are not an illegal immigrantor do not employ or contract with any illegal immigrants.

Date of certification: ________________________

_______ We cannot so certify at this time, and we understand that a contract cannot be awarded until we have done so.

Reason for non-certification: ______________________________

Name of Company: ___________________________________________

Signature: ___________________________________________

Name & Title: ___________________________________________ (Printed or typed)

Date: ___________________________________________

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http://www.arkansas.gov/dfa/procurement/pro_immigrant.html